Dragon Ball Super voice actress Monica Rial and her fiancé Ron Toye, two defendants in the ongoing defamation lawsuit filed by Vic Mignogna, have filed a motion requesting a “new trial or post-judgment modification” on the issue of attorney’s fees Mignogna was ordered to pay as a result of the court’s initial dismissal judgment.
On December 26th, Rial and Toye filed a Defendants’ Motion for Partial New Trial or, in the Alternative, Motion to Modify the Final Judgment through their attorney, J. Sean Lemoine, wherein the couple claim that there are “two specific errors or issues that require the Court to grant a partial new trial (or to at least modify the Final Judgment)” seeking a larger sum of money from Mignogna for attorneys’ fees than was initially rewarded to the defendants:
“The Final Judgment includes two specific errors or issues that require the Court to grant a partial new trial (or to at least modify the Final Judgment). Specifically, the Final Judgment: (i) awards Defendants an amount of attorneys’ fees ($100,000.00) lower than the amount requested and supported by competent evidence in Defendants’ Motion ($270,963.04); and (ii) awards conditional appellate attorneys’ fees “in the event there is no modification or change to the [Final] Judgment or the [Final] Judgment is affirmed by the Court of Appeals.” This should be modified to grant conditional appellate attorneys’ fees in event there is no modification or change to the Dismissal Order.”
The motion argues that the “Defendants presented uncontroverted evidence that their attorneys’ fees totaled $270,963.04” and that varying amounts in appellate attorneys’ fees should be awarded “in the event there is no modification of or change to the October 4, 2019 Dismissal Order or the Dismissal Order is affirmed by the Court of Appeals”:
Based on the foregoing, Defendants Monica Rial and Ronald Toye respectfully pray that:
(1) the Court grant a partial new trial solely to determine that Defendants be awarded $270,963.04 in attorneys’ fees;
(2) the Court modify the Final Judgment as requested herein to award appellate attorneys’ fees in the event there is no modification or change to the October 4, 2019 Dismissal Order; and
(3) the Court grant Defendants all other appropriate relief.
As of writing, the court has yet to rule on the defendants’ motion.